JOHN Swinney has insisted that “action is being taken” following the Supreme Court ruling following a protest outside Holyrood held by gender critical campaigners.
Hundreds of campaigners held a rally outside of the Scottish Parliament ahead of FMQs, calling on ministers to act following the judgment that declared the meaning of a woman under the Equality Act 2010 meant “biological sex”.
Following the ruling in April, the Equality and Human Rights Commission (EHRC) issued interim guidance which banned transgender people from the bathrooms of their acquired gender.
The EHRC is yet to publish full guidance, which has to be lodged with the UK Government, following the ruling.
Despite this, two MSPs raised the issue with the First Minister during FMQs – Tess White for the Scottish Tories and Ash Regan for Alba.
Both White and Regan spoke at the protest outside of Holyrood ahead of asking their questions.
White, who removed her jacket after asking at the start of her question to reveal a T-shirt that said “WomenTM”, asked for an update on the steps the Government is taking following the judgment.
“The Government has made clear since the Supreme Court ruling that we accept that judgment and that we’re taking forward detailed work that is necessary as a consequence,” Swinney said in response.
“A working group convened by the private secretary is actively considering the implications of the judgement across every key area of government, as a result of this work action has already been taken, including updated guidance for Gender Representation Public Boards Act 2018, and amendments to the public appointments recruitment process for regulated public bodies through which the act is applied.
“Through joint working with Police Scotland we will publicly consult on the stop and search code of practice before the end of this year, so action has been taken.
“We also continue to engage with EHRC while we await their updated code of practice, which I understand is yet to be submitted to the UK Government.”
“First Minister, we are not buttoned up the back, it has been months since the Supreme Court judgment and the Court of Session decision on single sex toilets in schools,” she added.
Pointing to the gallery seats in the chamber, White claimed that teachers are “fearful for their jobs” if they refuse to follow the Scottish Government’s guidance.”
White claimed the Scottish Government is “showing wilful ignorance” and said the FM was “deliberately ignoring the rule of law”.
Swinney pointed to his previous answer and insisted the schools guidance is “fit for purpose”.
“There is complex work underway in that respect and the Government is doing that work,” he added.
Following White, Regan said: “The Supreme Court was absolutely clear, sex in law means biological law and single sex provisions must be respected.
“The EHRC told the government not to wait before acting and yet we still see confusion across all our public bodies, from schools to prison to NHS and local authorities.
“Can the First Minister explain, if government lawyers are not there to advise ministers to follow the law, what exactly are they there for? And will he now commit to ensuring that all publicly funded bodies comply with the judgement and full and without delay?”
Swinney responded to say that the Government is “undertaking the careful detailed legal work to put in place the provisions required by the Supreme Court case”.
“And we have taken some of the actions that we are able to take to date, and we will continue to pursue the other issues as we take forward that work,” he said.
Swinney added that Government lawyers are “at all times working within the law”.
